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Tag Archives: Civil Practice

No standing to challenge school transgender policy (access required)

Where the Virginia Department of Education developed a guidance document containing model policies for local school boards to use when adopting policies for the treatment of transgender students, plaintiffs lack standing to sue because they have not been aggrieved by ...

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Malicious prosecution claim stated in zoning matter (access required)

Where plaintiffs alleged defendants presented false information about alleged zoning violations, which resulted in criminal charges that were later dismissed, the circuit court erred by dismissing plaintiffs’ malicious prosecution claim but correctly sustained a demurrer regarding an abuse-of-process claim. Criminal ...

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Motion to file responsive pleadings is granted (access required)

“Came the parties, by counsel, on January 29, 2021, upon the Plaintiff’s ‘Motion for Default Judgment as to Counts I and II of Plaintiff’s Complaint,’ the Defendant’s ‘Motion for Leave to File Responsive Pleadings,’ and the Defendant’s ‘Motion for Leave ...

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Demurrer and plea in bar to civil conspiracy claim overruled (access required)

The court rejects defendants’ argument that Count III of plaintiff’s complaint, which alleges a civil conspiracy among the defendants, must be struck under the intracorporate immunity doctrine. Defendants’ demurrer and plea in bar are overruled. Parties’ arguments At a hearing ...

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Injury claims based on smart meter emissions preempted (access required)

Where appellants claimed they were injured by exposure to radio frequency emissions from a smart meter that Virginia Electric and Power Co. installed on their home, federal conflict preemption bars the claims. The Federal Communications Commission governs RF emissions. Appellants’ ...

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Developers enjoined from changing agreement (access required)

Where plaintiff seeks injunctive relief to prevent defendants’ breach of the parties’ agreement to develop their parcels according to a common plan, the court grants a preliminary injunction that bars defendants from altering the agreement. Background Plaintiff, Comstock Loudoun Station, ...

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Disassociated LLC members don’t count for diversity (access required)

Where two members were disassociated from the LLC, that terminated their memberships in the LLC for purposes of federal diversity jurisdiction. Background This is a lawsuit for declaratory and other equitable relief brought by three individuals who are or were ...

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Demurrer not permitted when circuit court hears appeal (access required)

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

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